administrative law

On August 17, 2004, Cuozzo Speed Technologies, LLC (“Cuozzo”) was issued U.S. Patent No. 6,778,074 (“074 patent”), “Speed Limit Indicator and Method for Displaying Speed and the Relevant Speed Limit.” See Cuozzo Speed...

Whether citizens can file a lawsuit to challenge the validity of the EPA granting an exception to the National Pollutant Discharge Elimination System permit requirement....

Does N.C. Gen. Stat. §108A-57 violate the anti-lien provision of the Medicaid Act as it was interpreted in Arkansas Department of Health and Human Services v. Ahlborn?

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In passing the Clean Air Act, Congress empowered the Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS), the maximum permissible levels of common pollutants released into the air.  See EME Homer City...

18 U.S.C. § 1464 authorizes the Federal Communications Commission (“FCC”) to regulate the broadcasting of indecent speech, and under 47 U.S.C. § 503(b)(1)(D), the FCC may fine broadcasters that violate § 1464. In 1975, the FCC used...

The Federal Trade Commission is an independent federal agency established by Congress.  The FTC is led by five appointed commissioners, and is separated into two different bureaus: the bureau of consumer protection, which focuses on consumer fraud...

The notorious financial accounting scandals involving Enron and Worldcom demonstrated the inadequacies of the self-regulatory reporting requirements governing many public companies. See Free Enterprise Fund v. Public...

In January 2012, the Department of Veteran Affairs (“VA”) decided to obtain an Emergency Notification System (“ENS”) for several of its medical centers and outpatient clinics. Kingdomware Techs., Inc. v. United States, 107 Fed...

Petitioner James L. Kisor is a veteran who served on active duty in the Marine Corps from 1962 to 1966. Kisor v. Shulkin at 1361. Kisor filed a claim for disability compensation benefits with the Department of Veteran Affairs (“VA”) Regional Office in...

In June 2015, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (“EPA”) jointly adopted the “Waters of the United States” Rule (“WOTUS Rule”) as published in the “Clean Water Rule.” See In re U.S. Dep’t of Def. et al., 817 F...

On January 30, 2001, the United States Patent and Trademark Office (“USPTO”) issued U.S. Patent No. 6,179,053 (the “’53 patent”) to a predecessor company of Oil States Energy Services, LLC (“Oil States”). Greene's Energy Grp., LLC, Petitioner, v. Oil...

This case involves two consolidated decisions issued by the Federal Circuit Court of Appeals, which has exclusive jurisdiction over appeals of the decision of the U.S. Court of Appeals for Veterans Claims. See 38 U.S.C. § 7292(c)....

Wescley Fonseca Pereira (“Pereira”) came to the United States from Brazil in June 2000 on a non-immigrant visitor visa that allowed him to stay in the country until December 21, 2000. Pereira v. Sessions, 866 F.3d 1, 2 (1st Cir. 2017). Pereira...

1) A proceeding conducted by an administrative or executive official that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial proceeding.

2) A judicial act performed by an...

In this case, the United States Postal Service (“Postal Service”) has challenged the validity of Return Mail, Inc.’s (“Return Mail”) patent for processing undeliverable mail items. Return Mail, Inc. v. United States Postal Serv., 868 F.3d 1350, 1353 (...

Congress enacted the Prison Litigation Reform Act of 1995 (“PLRA”). See 42 U.S.C. 1997e(a). The PLRA requires that “[n]o action shall be brought with respect to prison conditions . . . by a prisoner confined in any jail, prison, or other correctional...

May a hospital challenge a reimbursement payment outside of the legal filing deadline because of fairness concerns? 

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